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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 55709
Experience:  Practicing lawyer for 31 years
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We just bought a truck from a private party. He is a

Customer Question

We just bought a truck from a private party. He is a mechanic. He said the only thing wrong with the truck is that it needed new tires. He said that he had just gone thru the entire truck and it was in perfect mechanical condition. We told him that we were going to buy a horse trailer also and drive them back to Overton NV. So we wire transferred the money to him and picked up the truck. Before we even got it back 75 miles it started to shift hard and make clicking noises from the front end. We took it to a repair shop and the repairs are going to be 2187.00 to make the truck safe to drive. The repair shop said that the truck is unsafe to be driven. I have tried to contact the man that sold us the truck and he will not call me back. Can I take him to small claims court?
JA: What state is this in? And how old is the truck?
Customer: The state is Texas and the truck is a 2004. Would this fall under the TX deceptive trade act?
JA: Have you contacted the manufacturer?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 1 month ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 1 month ago.

Yes, you absolutely have recourse and can file a case in small claims court. You can do this without a lawyer. Here's a guide: https://www.depts.ttu.edu/sls/forms/How-to-Sue-in-Small-Claims-Court.pdf

Even though it's a used truck and there is no warranty, you still have recourse. A seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the truck Here, the seller not only failed to disclose material matters the seller knew or should have known about, but affirmatively misrepresented the condition of the truck. And, these problems clearly qualify material items that a reasonable buyer would consider in making their decision. You can tell the seller in buying the truck without a warranty you were relying upon his duty to disclose anything material he knew. If he does not agree to pay for the repairs, or to rescind the sale and give your money back (your choice), you want to raise the stakes on your seller. In that case, you should send the seller a certified, return receipt requested letter detailing the history and misrepresentation and lack of disclosure and demand he comply within a short specified period of time. Inform your seller that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. Be sure to specifically mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the seller will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments.

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